....please circulate this important information to all potential claimants!
Have you ever visited, worked at
or are you currently employed with Shimadzu Scientific Instruments (Columbia, Maryland,
USA)? If you answered yes, then you need to review this release carefully because
it contains time-sensitive information. If you worked at or visited the Shimadzu
physical plant located at 7100 and/or 7102 Riverwood Drive in Columbia, MD from 1991
to 1996, you might have a claim for monetary damages. Some of this very important
information was originally conveyed here in this forum back in 1996.
According
to a Maryland Freedom of Information release obtained from the Department of Labor,
Licensing & Regulation, a formal complaint was filed under the Maryland Occupational
Safety and Health (MOSH) Act in July 1996 against Shimadzu Scientific Instruments
alleging health and safety violations. The complaint asserted that Shimadzu employees
were not provided with "required material safety data sheets (MSDS) or 'right-to-know'
training and materials." In addition, Shimadzu employees were provided with
"insufficient training in the use of the hazardous materials with which they
work." As a result of these troubling revelations, the State of Maryland (MOSH)
demanded a formal written response from Shimadzu Scientific Instruments within 15
business days.
On August 1, 1996, Mr. Gerry Carder (on behalf
of Shimadzu Scientific Instruments) noted among other things that:
...."We
[last] held Hazcom training for all employees in 1991, but did not continue with
annual training because the supervisors were supposed to do the Hazmat training during
new employee orientation. Apparently, some of the supervisors let this training slip
through the cracks."
As one can readily see, Shimadzu Scientific
Instruments admitted to a blatant lapse of 5 years in the proper indoctrination of
several employees on matters related to hazardous materials (HAZMAT) health and safety
training. You, the Shimadzu employee (and customer) have always had the "right-to-know"
when working with hazardous materials supplied by Shimadzu Corporation and its wholly-owned
subsidiaries. Shimadzu Scientific Instruments had an absolute obligation under both
State and Federal law to disclose that you were using hazardous materials. The real
question is did Shimadzu tell you what they were required to tell you? If
they didn't, then Shimadzu was negligent (pure and simple). In retrospect, it would
appear that corporate profits were a higher priority at Shimadzu then your personal
health and safety!
Credible reports have surfaced that current and former
employees in the Special Manufacturing department housed at 7100 Riverwood Drive
(formerly Quality Assurance department housed at 7102 Riverwood Drive) worked directly
with hazardous materials without utilizing any safety equipment or precautions whatsoever.
Maybe you were/are one of these employees who was exposed to HAZMAT before Shimadzu
agreed to stop packing analytical columns back in 1996. Because some of this hazardous
material was packed into stainless steel columns under pressure in an open air environment,
it is plausible that employees in other departments (and ordinary visitors) were
also exposed to these hazardous materials with the ventilation system being the common
carrier for starters. The column packing material which has been definitively identified
as hazardous is a suspected carcinogen. This means that exposure to this high probability
carcinogen is potentially capable of causing cancerous lesions and/or tumors.
If
you have experienced any symptoms including, but not limited to: frequent headaches,
unexplained dizziness, muscle tremors, repeated coughing, persistent sore throat,
pain during swallowing, red watery eyes, excessive sneezing, nosebleeds, difficulty
in breathing, skin irritations, rashes or you know of an employee(s) or visitor(s)
who has suffered these or any other unexplained symptoms/illness(es), then you owe
it to yourself and your co-workers to come forward or risk forfeiture. Your claim
could result in a tangible stake for monetary damages. If any Shimadzu official states
otherwise, then be sure to inquire about their one-sided (Shimadzu-sided) motivations.
Don't delay, the clock is running on your potential claim!
Anyone who believes
that they were knowingly or unknowingly exposed to HAZMAT in the Shimadzu workplace
or who would like to offer other tangible evidence of value/benefit to your fellow
co-workers is strongly urged to forward email to: concerns@geocities.com
along with a return email address*. If you believe that Shimadzu has/will level
with you completely, you're being very naive. Think about it.... in the past 2 years,
did Shimadzu admit to any wrongdoing whatsoever with regard to potential liability
for violating the "right to know" law or has there been a deafening corporate
silence about this matter altogether? Did Shimadzu advise you that you had the right
to sue for damages following your unknowing exposure to HAZMAT? Has Shimadzu told
you the whole truth and nothing but since day one? If you answered NO to any of the
above questions, then file your claim promptly. Act now or risk forfeiting your prospective
claim forever!
* If you need an email address, then visit the local public
library and use one of the computers connected to the internet (ask a librarian for
help if you have any questions). Go to the www.hotmail.com domain and register
as a new user for a free email account. You will need to supply a unique user name
(like your firstname-lastname) along with a password (be sure to write down
both). Once registered, your email address will be firstname-lastname@hotmail.com
and this will allow you to compose and send email upon login. If you send us
email, please check back for updates.
n.b. Another aspect of this
release are reports that Shimadzu neglected to forward MSDS information to customers
who purchased analytical columns, total organic carbon (TOC) catalyst and other Shimadzu
consummables containing hazardous materials. If you purchased analytical columns,
TOC catalyst or any other hazardous consummables of any kind from Shimadzu prior
to August 1996 and the relevant MSDS sheets were not forwarded to your site, please
take the time to tell us about your experiences. Shimadzu had an absolute obligation
to make this important information available to you.... it was not an optional exercise!
If they didn't and someone at your work site was exposed inadvertantly or otherwise
to these hazardous consummables, then Shimadzu is culpable!
n.b. Shimadzu
may inform prospective claimants that you are covered under a workmen's compensation
claim as administered by Tokio Marine and Fire Insurance Company. While this may
be true, you will not be fully rewarded especially when it comes to the possible
awarding of compensatory and punitive damages. Shimadzu had direct knowledge of their
obligations to employees (and customers alike) to disclose potential exposure/contact
with hazardous materials. Quoting Mr. Carder, a "slip through the cracks"
means that concerns for your health and safety took a back seat to making money.
All of the available evidence suggests that corporate profits: 1) outweighed the
risks to customer and employee health, and 2) were a higher priority at Shimadzu
then your personal safety!
n.b. Please be cautious and extremely wary of any
corporate statements/positioning from Shimadzu administrators with respect to the
contents of this release. Shimadzu officials see lawsuit in capital letters written
all over this disclosure. There can be little doubt that Shimadzu will try to distance
themselves from the information contained herein including any potential liability.
Question Shimadzu's authority and motivations if they attempt to thwart or dismiss
this matter and any proposed actions. You will undoubtedly witness desperate corporate
attempts to protect Shimadzu's collective butt.... please let us know!
n.b.
Shimadzu was directed by MOSH to post a copy of the original complaint letter dated
July 22, 1996 along with their official corporate response dated August 1, 1996.
Both of these letters were supposed to be readily accessible to all Shimadzu employees.
If you did not see these letters anywhere in the Shimadzu workplace, request a copy
from the Human Resources Department. If Mr. Carder has conveniently misplaced his
original copies, then write to the Department of Labor, Licensing & Regulation
at: 501 St. Paul Place, Baltimore, MD 21202-2272 and request a copy of MOSH Case
1603 under the Maryland Freedom of Information Act. Questions??? Email us at concerns@geocities.com
n.b.
Don't let Shimadzu management snow you! If Shimadzu was responsible for causing you
injury of any kind, let them be financially responsible for your losses including
pain and suffering! If you are unsure about possible exposure to HAZMAT in the Shimadzu
workplace, file anyway to preserve your rights and your potential claim. It was a
Shimadzu management decision that resulted in the flagrant lapse of health &
safety training for employees over a period of 5 years. How much money did Shimadzu
save during this time? Let them pay for their callous and willful mistakes.... PLEASE
FILE YOUR POTENTIAL CLAIM BY EMAIL
BEFORE 31 DECEMBER 1998!
###